2.1¶

Upon execution of an Order with Acquia, Customer shall receive the following:

1. A customer account.

2. API key access credentials.

3. A worldwide, non-exclusive license to use the Services by means of the API using the API Keys during the applicable Subscription Term.

2.2¶

In addition to any restriction and limitations set forth in Customer’s Agreement and applicable Order, the license granted under Clause 2.1 is subject to the following limitations:

1. Each API Key may only be used in relation to a single Customer Drupal instance.

2. The Services must not be used at any point in time by more than the number of user accounts specified in the Order, provided that user accounts may be added with the written agreement of Acquia.

3. API Resource Limits: The Customer’s use of the API is limited to a maximum of 10M API calls per month (if under 100 sites) and 100M API calls per month (if under 1,000 sites), in addition to any other limitations on API calls specified in the Order. Acquia will monitor and advise Customer on API usage to help ensure it falls within the parameters outlined above.

4. The Customer must only use the Services on the Cloud Platform and in relation to the domains and subdomains specified in the Order Form or agreed in writing by the parties.

5. If the Customer makes any alteration to a copy of the Drupal Module, the Customer shall not use that altered copy to access the API or otherwise in conjunction with the Services.

6. The Customer must not conduct or request that any other person conduct any load or penetration testing on the platform or Services without the prior written consent of Acquia.

3.1¶

Acquia shall use reasonable efforts to ensure that the uptime for the Services is at least 99.9% during each calendar month. In this Clause 3.1, uptime means the percentage of time during a given period when the Services are available at the gateway between the public internet and the network of the hosting services provider for the Services.

In the event Acquia does not meet 99.9% general availability of the Services for a calendar month, for each one-half hour of unavailability Customer will receive a one-day extension of their Services (each a Service Extension). To properly claim a Service Extension, Customer must inform Acquia within fifteen (15) days of the purported outage and provide a full description of the service interruption, including logs if applicable. If Customer has accumulated Service Extensions during two (2) consecutive months or three (3) months in any six-month period, Customer may terminate the applicable Order upon seven (7) days’ advance written notice to Acquia. In the event of an unavailability of the PaaS that is directly attributable to flaws in Customer’s environment (including the underlying code) where, despite reasonable notification from Acquia that such flaws are adversely impacting availability and Customer fails to correct such flaws, then Acquia may terminate the applicable Order upon 30-days written notice to Customer. The Service Extension and termination rights constitute Customer’s exclusive remedy and Acquia’s sole liability and obligation for any failure to maintain the Service Commitment.

3.2 Service Commitment Exclusions¶

The Service Commitment does not apply to any unavailability, outage, suspension or termination of any Acquia PaaS performance issues:

1. that are caused by factors outside of Acquia’s reasonable control, including any force majeure event, network intrusions or denial of service attacks.

2. any outages that result from any action or inaction of Customer or any third parties engaged by Customer, missing Customer Data, errors caused by Customer code or Drupal configuration errors, or usage capacity in excess of the Customer purchased amount.

3. any outages caused by programming errors in Customer’s website(s), programming bugs in the third-party extensions or modules made available through Cloud Platform or Site Factory, Drupal Modules with Site Factory.

4. any outages attributable to flaws in Customer’s environment (including the underlying code) where, despite reasonable notification from Acquia that such flaws are adversely impacting availability and Customer fails to correct such flaws (for example, failure to upsize to recommended hardware configuration).

5. any outages lasting less than one (1) minute, but no more than three (3) such outages in a 24 hour period.

6. any outages related to emergency maintenance to Customer’s website(s) (for example, to install security fixes).

7. any outages resulting from scheduled maintenance (typically 11:00 PM to 7:00 AM at the data center location identified on Customer’s Order), if Acquia notified Customer 48 hours prior to the commencement of the maintenance work (there will be no more than two hours of scheduled maintenance downtime per calendar year).

8. unavailability that relates to any malware, viruses, Trojan horses, spyware, worms or other malicious or harmful code in the website that (1) was not introduced by Acquia or (2) was not introduced as a result of Acquia’s failure to perform the Services in compliance with the standard included herein or in the Subscription and Services Agreement.

9. acts or omissions caused by Customer’s CDN, or any use of the Services on a platform other than Acquia.

In addition, unavailability of some specific features or functions within the website while other features remain available will not constitute unavailability of the website, so long as the unavailable features or functions are not, in the aggregate, material to the website.

In the event of any outages described above, Acquia will use commercially reasonable efforts to minimize any disruption, inaccessibility or inoperability of the website in connection with outages, whether scheduled or not. Such efforts will include instances in another Availability Zone if available.

4.1¶

The Customer acknowledges that:

1. The Customer must install the Drupal Module on each instance of Drupal with respect to which the Customer wishes to use the Services.

2. The Drupal Module is distributed by the Drupal.org website.

3. The licensing and use of the Drupal Module shall be governed by the version of the GNU General Public License specified on Drupal.org.

4.2¶

Upon execution of an Order with Acquia, and subject to any restrictions and limitations set forth in the Agreement, Acquia hereby grants to the Customer during the applicable Subscription Term a worldwide, nonexclusive, non-transferable license to use the Licensed Materials in conjunction with the Drupal Module solely for the purpose of editing the Customer’s Drupal web application(s) hosted on Cloud Platform.